| HB 182 - Juvenile courts; creation; amend provisions |
First Reader Summary
A BILL to amend Article 1 of Chapter 11 of Title 15 of the
Official Code of Georgia Annotated, relating to juvenile
proceedings, so as to provide for the creation of the juvenile
courts and their jurisdiction, administration, and expenses; and
for other purposes.
Code Sections -
15-11-3
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
3/10/99 |
| 1/26/99 |
Read 2nd Time |
|
| 2/9/99 |
Favorably Reported |
|
| Sub |
Committee Amend/Sub |
|
| 3/10/99 |
Read 3rd Time |
|
| 3/10/99 |
Passed/Adopted |
|
| CSFA |
Comm/Floor Amend/Sub |
|
HB 182 HB 182/CSFA
H. B. No. 182 (COMMITTEE SUBSTITUTE) (AM)
By: Representatives Martin of the 47th, Teper of the 61st,
Bordeaux of the 151st, Squires of the 78th, Stuckey of the
67th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 11 of Title 15 of the Official
1- 2 Code of Georgia Annotated, relating to juvenile proceedings,
1- 3 so as to provide for the creation of the juvenile courts and
1- 4 their jurisdiction, administration, and expenses; to provide
1- 5 for fulfilling preexisting terms; to provide for
1- 6 appointment, terms, compensation, benefits, and
1- 7 qualifications of juvenile court judges; to provide for
1- 8 full-time, part-time, county-wide, and circuit-wide juvenile
1- 9 court judges; to provide for presiding judges; to change
1-10 rules relating to the practice of law by juvenile court
1-11 judges; to change provisions for state compensation of
1-12 juvenile court judges; to provide for applicability; to
1-13 provide for effective dates; to repeal conflicting laws; and
1-14 for other purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-16 SECTION 1.
1-17 Article 1 of Chapter 11 of Title 15 of the Official Code of
1-18 Georgia Annotated, relating to juvenile proceedings, is
1-19 amended by striking in its entirety Code Section 15-11-3,
1-20 relating to the creation of juvenile courts and judges'
1-21 terms, compensation, qualifications, actions, practice of
1-22 law, and pensions, and inserting in its place the following:
1-23 "15-11-3.
1-24 (a) Creation. There is created a juvenile court in every
1-25 county in the state.
1-26 (b) Appointment; authority; judgeships in existence on or
1-27 before July 1, 1983 January 1, 1999. The judge or a
1-28 majority of the judges of the superior court in each
1-29 circuit in the state may appoint one or more qualified
1-30 persons as judge of the juvenile courts of the circuit,
1-31 unless otherwise provided by a local Act. Such superior
1-32 court judge or judges shall establish the total number of
1-33 circuit-wide juvenile court judges and shall establish
1-34 whether the judge or judges shall be full time or part
-1-
2- 1 time, or a combination of full time and part time. Each
2- 2 circuit-wide judge appointed will have the authority to
2- 3 act as judge of each juvenile court in each county of the
2- 4 circuit. If no person is appointed as a juvenile court
2- 5 judge for the circuit, then the superior court judge or
2- 6 judges of the circuit shall assume the duties of the
2- 7 juvenile court judge in all counties in the circuit in
2- 8 which a separate juvenile court judgeship had not been
2- 9 established as part of the duties of the superior court
2-10 judge. All juvenile court judgeships, their methods of
2-11 compensation, selection, and operation, established on or
2-12 before July 1, 1983 January 1, 1999, shall continue until
2-13 such time as a one or more circuit-wide juvenile court
2-14 judge is judges are appointed or until terminated by two
2-15 successive recommendations of the grand juries of the
2-16 county with the concurrence of the judge or judges of the
2-17 superior court of the circuit. However, in any circuit
2-18 where a superior court judge assumes the duties of the
2-19 juvenile court judge, such circuit shall not be entitled
2-20 to the state funds provided for in subsection (d) of this
2-21 Code section.
2-22 (c) Fulfilling preexisting terms; jurisdiction. When a
2-23 one or more circuit-wide juvenile court judge is judges
2-24 are appointed, any juvenile court judge in office at that
2-25 time shall be authorized to fulfill his or her term of
2-26 office. The jurisdiction of each judge shall be circuit
2-27 wide.
2-28 (d) Terms and compensation of judges.
2-29 (1) Each juvenile court judge appointed under this
2-30 article Code section shall serve for a term of four
2-31 years equal to that of the superior court judges of the
2-32 circuit. Except as otherwise provided by law, the
2-33 compensation of the juvenile judge shall be set by the
2-34 judge or judges of the superior court with the approval
2-35 of the governing authority or governing authorities of
2-36 the county or counties for which he is appointed.
2-37 (2) The state, out of funds appropriated to the judicial
2-38 branch of government, shall contribute toward the salary
2-39 of the judges on a per circuit basis in the following
2-40 amounts:
2-41 (A) Circuits with a population of 400,000
2-42 or more according to the United States
-2-
3- 1 decennial census of 1980 or any future
3- 2 such census................................$ 35,000.00
3- 3 (A) Each circuit with one or more juvenile court
3- 4 judges who are not superior court judges assuming the
3- 5 duties of juvenile court judges shall receive state
3- 6 funds equal to 90 percent of the state base salary for
3- 7 a superior court judge in effect on July 1, 1999, plus
3- 8 any annual salary adjustment provided to state
3- 9 officials in the future by subsection (b) of Code
3-10 Section 45-7-4, without regard to the number of
3-11 superior court judges in the circuit. Such state funds
3-12 shall be spent solely on salaries for juvenile court
3-13 judges and shall not be used for any other purposes.
3-14 (B) Circuits with a population of 150,000
3-15 or more but less than 400,000 according
3-16 to the United States decennial census of
3-17 1980 or any future such census............. 25,000.00
3-18 (B) In addition to the base amount set out in
3-19 subparagraph (A) of this paragraph, each circuit
3-20 which, on July 1, 1999, has more than four superior
3-21 court judges is eligible for additional state funds.
3-22 For each superior court judge as of July 1, 1999, who
3-23 exceeds the base of four judges, the circuit shall be
3-24 eligible for additional funds in an amount equal to
3-25 one-fourth of the base amount of state funds set out
3-26 in subparagraph (A) of this paragraph. Such
3-27 additional state funds shall be spent solely on
3-28 salaries for juvenile court judges and shall not be
3-29 used for any other purposes.
3-30 (C) Circuits with a population of
3-31 100,000 or more but less than 150,000
3-32 according to the United States decennial
3-33 census of 1980 or any future such census... 15,000.00
3-34 (D) Circuits with a population of 70,000
3-35 or more but less than 100,000 according
3-36 to the United States decennial census of
3-37 1980 or any future such census............. 10,000.00
3-38 (E) Circuits with a population of less
3-39 than 70,000 according to the United
3-40 States decennial census of 1980 or any
3-41 future such census......................... 5,000.00
-3-
4- 1 No state funds shall be available for the above
4- 2 contributions toward the salary of the judges on a per
4- 3 circuit basis until the General Assembly has
4- 4 appropriated funds for that specific purpose.
4- 5 (2)(3) The remaining amount of the salary of the
4- 6 juvenile judge provided for in paragraph (1) of this
4- 7 subsection Minimum salaries for full-time juvenile court
4- 8 judges shall be 90 percent of the superior court judges'
4- 9 state base salary in effect on July 1, 1999, plus any
4-10 annual salary adjustment provided to state officials in
4-11 the future by subsection (b) of Code Section 45-7-4,
4-12 plus 90 percent of the local supplements paid to
4-13 superior court judges as of July 1, 1999. Total
4-14 salaries for part-time juvenile court judges shall be
4-15 determined by the superior court judge or a majority of
4-16 the superior court judges of the circuit. shall be paid
4-17 by the counties comprising the judicial circuit in the
4-18 ratio which the population of the county bears to the
4-19 total population of the counties comprising said circuit
4-20 as shown by the latest official decennial census.
4-21 (e) Qualifications of judges. No person shall be judge of
4-22 the juvenile court unless, at the time of his or her
4-23 appointment, he or she has attained the age of 30 years,
4-24 has been a citizen of the state for three years, and has
4-25 practiced law for three five years. A juvenile court
4-26 judge shall be eligible for reappointment.
4-27 (f) Presiding judge. In the event that more than one
4-28 juvenile court judge is appointed, one shall be designated
4-29 presiding judge.
4-30 (g) Practice of law by judges. It shall be unlawful for
4-31 the judge of any full-time juvenile court judge to engage
4-32 directly or indirectly in the any practice of law outside
4-33 his or her role as a juvenile court judge. It shall be
4-34 unlawful for a part-time judge of any juvenile court to
4-35 engage directly or indirectly in the practice of law in
4-36 his or her own name or in the name of another as a partner
4-37 or in any manner in any case, proceeding, or matter of any
4-38 kind in his or her own court or in any other court in any
4-39 case, proceeding, or any other matters of which his or her
4-40 own court has pending jurisdiction or has had
4-41 jurisdiction. It shall be unlawful for any juvenile court
4-42 judge, full time or part time, to give advice or counsel
4-43 to any person on any matter of any kind whatsoever which
4-44 has arisen directly or indirectly in his or her own court,
-4-
5- 1 except such advice or counsel as he or she is called upon
5- 2 to give while performing his the duties as of a juvenile
5- 3 court judge.
5- 4 (h) Action by superior court judges. In any case in which
5- 5 action under this Code section is to be taken by the
5- 6 superior court judge of the circuit, such action shall be
5- 7 taken as follows:
5- 8 (1) Where there are one or two judges, such action shall
5- 9 be taken by the chief judge of the circuit; and
5-10 (2) Where there are more than two judges, such action
5-11 shall be taken by a majority vote of the judges of the
5-12 circuit. by a majority vote of the judges of the
5-13 superior court of the judicial circuit encompassing the
5-14 county where there are more than two superior court
5-15 judges. Where there are two superior court judges of a
5-16 county or judicial circuit encompassing a county, any
5-17 action under this Code section shall be taken by the
5-18 chief judge of the superior court circuit.
5-19 (i) Administration and expenses. Each juvenile court
5-20 created under this article shall be assigned and attached
5-21 to the superior court of the county for administrative
5-22 purposes. The governing authority of the county where the
5-23 main office of the chief superior court judge or sole
5-24 superior court judge of the circuit is located shall offer
5-25 the juvenile court judge or judges insurance benefits and
5-26 any other benefits except retirement or pension benefits
5-27 equivalent to those offered to employees of the county.
5-28 Where there is more than one county in the circuit, the
5-29 county or counties where the main office of the chief
5-30 superior court judge or sole superior court judge of the
5-31 county is not located shall pay a pro rata share, based on
5-32 county population, of the benefits provided to juvenile
5-33 court judges by the county where the main office of the
5-34 chief superior court judge or sole superior court judge of
5-35 the circuit is located. Counties shall continue to
5-36 provide membership in retirement plans available to county
5-37 employees for any juvenile court judge in office before
5-38 July 1, 1998, who did not become a member of the Georgia
5-39 Judicial Retirement System Fund provided by Chapter 23 of
5-40 Title 47. Except as otherwise provided by subsection (d)
5-41 of this Code section, all All expenditures of the court
5-42 are declared to be an expense of the court and payable out
5-43 of the county treasury with the approval of the governing
5-44 authority or governing authorities of the county or
-5-
6- 1 counties for which he the juvenile court judge is
6- 2 appointed.
6- 3 (j) Applicability.
6- 4 (1) To the extent that the provisions of this Code
6- 5 section conflict with a local constitutional amendment
6- 6 authorizing the election of a juvenile court judge and
6- 7 with the provisions of a local Act authorized by such
6- 8 local constitutional amendment to provide for the term
6- 9 of office, vacancies in office, qualifications,
6-10 compensation, and full-time or part-time status of a
6-11 juvenile court judge or judges, the provisions of such
6-12 local constitutional amendment and such local Act shall
6-13 govern.
6-14 (2) The state funds provided by subsection (d) of this
6-15 Code section shall be provided to any circuit
6-16 encompassing a juvenile court governed by the provisions
6-17 of a local constitutional amendment and a local Act in
6-18 the same manner as other circuits, except that, in any
6-19 circuit with one or more elected juvenile court judges,
6-20 the elected juvenile court judge who is senior in length
6-21 of service as a juvenile court judge shall establish,
6-22 subject to other applicable provisions of law, the total
6-23 number of circuit-wide juvenile court judges, whether
6-24 the judge or judges shall be full time or part time, or
6-25 a combination of full time and part time, and the
6-26 compensation of any part-time juvenile court judge or
6-27 judges."
6-28 SECTION 2.
6-29 The provisions of this Act amending paragraphs (2) and (3)
6-30 of subsection (a), amending subsection (i), and inserting
6-31 subsection (j) of Code Section 15-11-3 shall become
6-32 effective only when funds are specifically appropriated for
6-33 the purposes of this Act in an appropriations Act making
6-34 specific reference to this Act and shall become effective
6-35 when funds so appropriated become available for expenditure.
6-36 Other provisions of this Act shall become effective July 1,
6-37 1999.
6-38 SECTION 3.
6-39 All laws and parts of laws in conflict with this Act are
6-40 repealed.
-6-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/11/99
